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PEOPLE v. KELLY

No. 82-2764.

118 Ill. App.3d 794 (1983)

455 N.E.2d 826

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HENRY KELLY, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed October 17, 1983.

Attorney(s) appearing for the Case

Dennis A. Giovannini and Herbert L. Goldberg, both of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Bruce A. Cardello, and Matthew J. Egan, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

JUSTICE CAMPBELL delivered the opinion of the court:

Following a jury trial, defendant was convicted of possession of a controlled substance with intent to deliver and sentenced to five years in the penitentiary. (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 1401(b).) On appeal, defendant contends he was entitled to an evidentiary hearing on his motion to quash a search warrant since his affidavit...

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